Petitioner is the second accused in Crime No.2044 of 2013 of the Palakkad Town North Police Station for the offences punishable under Sections 448, 324 and 326 r/w Section 34 of the Indian Penal Code, apprehends arrest and has filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 27.10.2013 at about 08.00 p.m., the petitioner and others trespassed into the compound of the de facto complainant and attacked him with iron punch. The de facto complainant suffered injuries including the rupture of left eye globe.
3. Learned counsel submitted that there is no specific allegation against the petitioner even in the First Information Statement. According to the learned counsel, the allegation regarding assault is made only against the first accused. It is also submitted that the de facto complainant had consumed alcohol.
4. I have gone through the F.I. Statement and find that
B.A.No.3122 of 2014
2 the de facto complainant had consumed alcohol much prior to the alleged incident. The first accused and others came in vehicles and trespassed into the compound of the de facto complainant. It is also stated in the F.I.S that one of the assailants had handed over an object to the first accused who inflicted injuries on the de facto complainant. The de facto complainant has suffered rupture of left eye globe. Investigation is required as to the role of the petitioner. Request for pre-arrest bail cannot be allowed.
Application is dismissed.
It is directed that in case the petitioner is arrested, he shall be produced before the jurisdictional magistrate as early as possible.
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge